§ 86. — Refusal of inspection and weighing services; civil penalties.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC86]
TITLE 7--AGRICULTURE
CHAPTER 3--GRAIN STANDARDS
Sec. 86. Refusal of inspection and weighing services; civil
penalties
(a) Grounds for refusal of services
The Secretary may (for such period, or indefinitely, as the
Secretary deems necessary to effectuate the purposes of this chapter)
refuse to provide official inspection or the services related to
weighing otherwise available under this chapter with respect to any
grain offered for such services, or owned, wholly or in part, by any
person if the Secretary determines (1) that the individual (or in case
such person is a partnership, any general partner; or in case such
person is a corporation, any officer, director, or holder or owner of
more than 10 per centum of the voting stock; or in case such person is
an unincorporated association or other business entity, any officer or
director thereof; or in case of any such business entity, any individual
who is otherwise responsibly connected with the business) has knowingly
committed any violation of section 87b of this title, or has been
convicted of any violation of other Federal law with respect to the
handling, weighing, or official inspection of grain, or that official
inspection or the services related to weighing have been refused for any
of the above-specified causes (for a period which has not expired) to
such person, or any other person conducting a business with which the
former was, at the time such cause existed, or is responsibly connected;
and (2) that providing such service with respect to such grain would be
inimical to the integrity of the service.
(b) Persons responsibly connected with a business
For purposes of subsection (a) of this section, a person shall be
deemed to be responsibly connected with a business if the person was or
is a partner, officer, director, or holder or owner of 10 per centum or
more of its voting stock, or an employee in a managerial or executive
capacity.
(c) Civil penalties
In addition to, or in lieu of, penalties provided under section 87c
of this title, or in addition to, or in lieu of, refusal of official
inspection or services related to weighing in accordance with this
section, the Secretary may assess against any person who has knowingly
committed any violation of section 87b of this title or has been
convicted of any violation of other Federal law with respect to the
handling, weighing, or official inspection of grain a civil penalty not
to exceed $75,000 for each such violation as the Secretary determines is
appropriate to effectuate the objectives stated in section 74 of this
title.
(d) Opportunity for hearing; temporary refusal without hearing pending
final determination
Before official inspection or services related to weighing is
refused to any person or a civil penalty is assessed against any person
under this section, such person shall be afforded opportunity for a
hearing in accordance with sections 554, 556, and 557 of title 5:
Provided, That the Secretary may, without first affording the person a
hearing, refuse official inspection or services related to weighing
temporarily pending final determination whenever the Secretary has
reason to believe there is cause for refusal of inspection or services
related to weighing and considered such action to be in the best
interest of the official inspection system under this chapter. The
Secretary shall afford such person an opportunity for a hearing within
seven days after temporarily refusing official inspection or services
related to weighing; and such hearing and ancillary procedures related
thereto shall be conducted in an expedited manner.
(e) Collection and disposition of civil penalties
Moneys received in payment of such civil penalties shall be
deposited in the general fund of the United States Treasury. Upon any
failure to pay the penalties assessed under this section, the Secretary
may request the Attorney General of the United States to institute a
civil action to collect the penalties in the appropriate court
identified in subsection (h) of section 87f of this title for the
jurisdiction in which the respondent is found or resides or transacts
business, and such court shall have jurisdiction to hear and decide any
such action.
(Aug. 11, 1916, ch. 313, pt. B, Sec. 10, 39 Stat. 485; Pub. L. 90-487,
Sec. 1, Aug. 15, 1968, 82 Stat. 765; Pub. L. 94-582, Sec. 12, Oct. 21,
1976, 90 Stat. 2879; Pub. L. 103-156, Sec. 12(i), Nov. 24, 1993, 107
Stat. 1528; Pub. L. 103-354, title II, Sec. 293(a)(7), Oct. 13, 1994,
108 Stat. 3237.)
Amendments
1994--Subsecs. (a), (c) to (e). Pub. L. 103-354 substituted
``Secretary'' for ``Administrator'' wherever appearing.
1993--Pub. L. 103-156, Sec. 12(i), which directed amendment of
``Section 10'', without specifying the name of the Act being amended,
was executed to this section, which is section 10 of the United States
Grain Standards Act, to reflect the probable intent of Congress.
Subsec. (a). Pub. L. 103-156, Sec. 12(i)(1), substituted ``the
Administrator'' for ``he'' in two places.
Subsec. (b). Pub. L. 103-156, Sec. 12(i)(2), substituted ``the
person'' for ``he''.
1976--Subsec. (a). Pub. L. 94-582 substituted ``Administrator'' for
``Secretary'', ``grain offered for such services'' for ``grain offered
for inspection'', ``has knowingly committed any violation of section 87b
of this title or has been convicted of any violation of other Federal
law with respect to the handling, weighing, or official inspection of
grain, or that official inspection or the services related to weighing
have been refused'' for ``has been convicted of any violation of section
87b of this title, or that official inspection has been refused'', and
``integrity of the service'' for ``integrity of the official inspection
service'', and authorized refusal of provision of services relating to
weighing.
Subsec. (c). Pub. L. 94-582 added subsec. (c). Former subsec. (c)
redesignated (d).
Subsec. (d). Pub. L. 94-582 redesignated provisions of former
subsec. (c) as (d), inserted ``or services related to weighing'' before
``is refused'', inserted ``or a civil penalty is assessed against any
person under this section'' after ``to any person'', provided for the
hearing under sections 554, 556, and 557 of title 5, and inserted
provisions relating to temporary refusal without hearing pending final
determination.
Subsec. (e). Pub. L. 94-582 added subsec. (e).
1968--Pub. L. 90-487 substituted provisions authorizing the
Secretary to refuse official inspection and affording an opportunity for
a hearing in such a case, for provisions setting the penalty for
interference with the execution of official duties.
Effective Date of 1976 Amendment
Amendment by Pub. L. 94-582 effective 30 days after Oct. 21, 1976,
see section 27 of Pub. L. 94-582, as amended, set out as a note under
section 74 of this title.
Effective Date of 1968 Amendment
For effective date of amendment by Pub. L. 90-487, see section 2 of
Pub. L. 90-487, set out as a note under section 78 of this title.
Section Referred to in Other Sections
This section is referred to in sections 79, 79a, 87c of this title.
